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Assets Declaration Charge : I Didn’t Confess To Any Crime, Says Onnoghen

Refer.ng earning forum / General / Politics / Assets Declaration Charge : I Didn’t Confess To Any Crime, Says Onnoghen 379 Views

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…ex-CJN seeks acquittal, dismissal of charges
…FG’s lawyers clash, as CCT slates Thursday for judgment
By Ikechukwu Nnochiri
ABUJA – The embattled former Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, on Monday, berated the Federal Government for alleging that he confessed to the non-asset declaration of assets charge that resulted to his removal from office by President Muhammadu Buhari.
Suspended Chief Justice of Nigeria (CJN) Justice Walter Samuel Nkanu Onnoghen
Onnoghen, who voluntarily resigned his position as the CJN on April 4, maintained that contrary to FG’s allegation, he did not at any time, admitted that he committed any crime, to warrant his trial before the Code of Conduct Tribunal, CCT, in Abuja.
He insisted that FG “acted in ignorance”, by dragging him before the tribunal over an offence he said was unknown to any law in Nigeria.
Besides, the erstwhile CJN decried the lack of clarity in the six-count charge that was levelled against him before the CCT, noting that while the government had in one breath, alleged that he falsely declared his assets, in another breath, it alleged that he did not declare his assets at all.
He further noted that the Code of Conduct Bureau, CCB, which purportedly okayed the charge against him, had in the course of the trial, admitted that it had yet to verify asset declaration forms he submitted to it, with a view to establishing if they contained false statements or not.
The ex-CJN argued that both oral and documentary evidence the prosecution laid before the tribunal, strengthened his defence to the charge, saying, “they established a declaration, but failed to establish verification of the alleged falsehood”.
“This case is about alleged non-declaration of assets or failure to make a declaration. Counts two to six of the charge complained of false declarations.
“We submit that where a complainant alleged false declaration, it presupposes that there was a declaration”, Onnoghen’s lawyer, Mr. Okon Efut, SAN, added while adopting the defendant’s final address with respect to the charge.
He urged the tribunal to dismiss the charge in its entirety, contending that FG failed to prove the elements of crime beyond reasonable doubt as required by law.
On the issue of Exhibit C which was the statement the former CJN made before the CCB, Efut, SAN, said it was grossly incorrect for the prosecution to equate forgetfulness with admittance of crime.
“This submission is grossly incorrect in law. When he said he forgot, that did not amount to a confession. He did not confess to the charge.
“The Defendant cannot be convicted for an offence that is unknown to the law, for which their is no prescribed punishment.
“The allegation here is that he failed or falsely omitted to declare assets. But our position is that there is no such offence that is known to the law in Nigeria.
“Until the law is well defined, an accused cannot be punished for an unknown offence.
“There is evidence that the Defendant substantially declared all his assets and it is not true that he did not declare his assets since 2005 until 2016.
“In fact this argument even defeats their case because they said that he falsely declared. What we are saying is that the prosecution has woefully failed to prove its case”, the defence lawyer insisted.
More so, Onnoghen argued that section 15 of the CCB and Tribunal Act, is in conflict with Paragraph 11 of the Fifth Schedule to the 1999 Constitution.
He argued that the section upon which FG hinged the charge against him, was unconstitutional and ought to be declared null and void.
Consequently, the defendant prayed the tribunal to discharge and acquit him of all the allegations against him.
However, FG, through its lawyer, Mr. Aliyu Umar, SAN, asked the CCT to convict and impose maximum punishment on the former CJN, contending that it successfully established that he acted in breach of the code of conduct for public officers in the country.
In its written address dated April 11, FG, urged the tribunal to hold that the prosecution proved its case against the defendant, beyond every reasonable doubt
It prayed the tribunal to find the ex-CJN guilty on all counts in the charge.
“We urge this tribunal to rely on hard facts before it and convict the Defendant accordingly”.
FG further reinforced its position that the ex-CJN admitted that he forgot to declare his ownership of various bank accounts that were operational as at the time he declared his assets in 2016.
“Whether or not forgetfulness is an offence, is for your lordships to determine”, FG added.
Moreover, FG argued that it was not in Onnoghen’s position to determine whether or not the charge against him was proved beyond reasonable doubt, saying “the defendant cannot place a burden that the Constitution has not placed on the prosecution”.
Source:
www.vanguardngr.com/2019/04/assets-declaration-charge-i-didnt-confess-to-any-crime-says-onnoghen/


You get ₦1 for every comment you make and ₦1 for every like you get

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CJN decried the lack of clarity in the six-count charge that was levelled against him before

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that is his business, if he did not confess to any crime

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D know how you been up to you late

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[ @makingmoney1: ] …ex-CJN seeks acquittal, dismissal of charges
…FG’s lawyers clash, as CCT slates Thursday for judgment
By Ikechukwu Nnochiri
ABUJA – The embattled former Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, on Monday, berated the Federal Government for alleging that he confessed to the non-asset declaration of assets charge that resulted to his removal from office by President Muhammadu Buhari.
Suspended Chief Justice of Nigeria (CJN) Justice Walter Samuel Nkanu Onnoghen
Onnoghen, who voluntarily resigned his position as the CJN on April 4, maintained that contrary to FG’s allegation, he did not at any time, admitted that he committed any crime, to warrant his trial before the Code of Conduct Tribunal, CCT, in Abuja.
He insisted that FG “acted in ignorance”, by dragging him before the tribunal over an offence he said was unknown to any law in Nigeria.
Besides, the erstwhile CJN decried the lack of clarity in the six-count charge that was levelled against him before the CCT, noting that while the government had in one breath, alleged that he falsely declared his assets, in another breath, it alleged that he did not declare his assets at all.
He further noted that the Code of Conduct Bureau, CCB, which purportedly okayed the charge against him, had in the course of the trial, admitted that it had yet to verify asset declaration forms he submitted to it, with a view to establishing if they contained false statements or not.
The ex-CJN argued that both oral and documentary evidence the prosecution laid before the tribunal, strengthened his defence to the charge, saying, “they established a declaration, but failed to establish verification of the alleged falsehood”.
“This case is about alleged non-declaration of assets or failure to make a declaration. Counts two to six of the charge complained of false declarations.
“We submit that where a complainant alleged false declaration, it presupposes that there was a declaration”, Onnoghen’s lawyer, Mr. Okon Efut, SAN, added while adopting the defendant’s final address with respect to the charge.
He urged the tribunal to dismiss the charge in its entirety, contending that FG failed to prove the elements of crime beyond reasonable doubt as required by law.
On the issue of Exhibit C which was the statement the former CJN made before the CCB, Efut, SAN, said it was grossly incorrect for the prosecution to equate forgetfulness with admittance of crime.
“This submission is grossly incorrect in law. When he said he forgot, that did not amount to a confession. He did not confess to the charge.
“The Defendant cannot be convicted for an offence that is unknown to the law, for which their is no prescribed punishment.
“The allegation here is that he failed or falsely omitted to declare assets. But our position is that there is no such offence that is known to the law in Nigeria.
“Until the law is well defined, an accused cannot be punished for an unknown offence.
“There is evidence that the Defendant substantially declared all his assets and it is not true that he did not declare his assets since 2005 until 2016.
“In fact this argument even defeats their case because they said that he falsely declared. What we are saying is that the prosecution has woefully failed to prove its case”, the defence lawyer insisted.
More so, Onnoghen argued that section 15 of the CCB and Tribunal Act, is in conflict with Paragraph 11 of the Fifth Schedule to the 1999 Constitution.
He argued that the section upon which FG hinged the charge against him, was unconstitutional and ought to be declared null and void.
Consequently, the defendant prayed the tribunal to discharge and acquit him of all the allegations against him.
However, FG, through its lawyer, Mr. Aliyu Umar, SAN, asked the CCT to convict and impose maximum punishment on the former CJN, contending that it successfully established that he acted in breach of the code of conduct for public officers in the country.
In its written address dated April 11, FG, urged the tribunal to hold that the prosecution proved its case against the defendant, beyond every reasonable doubt
It prayed the tribunal to find the ex-CJN guilty on all counts in the charge.
“We urge this tribunal to rely on hard facts before it and convict the Defendant accordingly”.
FG further reinforced its position that the ex-CJN admitted that he forgot to declare his ownership of various bank accounts that were operational as at the time he declared his assets in 2016.
“Whether or not forgetfulness is an offence, is for your lordships to determine”, FG added.
Moreover, FG argued that it was not in Onnoghen’s position to determine whether or not the charge against him was proved beyond reasonable doubt, saying “the defendant cannot place a burden that the Constitution has not placed on the prosecution”.
Source:
www.vanguardngr.com/2019/04/assets-declaration-charge-i-didnt-confess-to-any-crime-says-onnoghen/




A lawyer charging and concluding judgement on the same case.

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that is their bizness

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Mc oluomo will solve the case

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Asset declaration charge onnoghen say he didn't confess to any crime

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You don't need to confess

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This man have started again.

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